Flat-fee federal trademark registration — clearance search, USPTO application filing, Office Action response, and renewals. Establishing nationwide rights to your name, logo, slogan, or other source-identifier across the United States.
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A registered federal trademark gives you nationwide rights to a name, logo, slogan, or other source-identifier when used in commerce in connection with specific goods or services. Common-law trademark rights exist without registration (you can establish rights through actual use), but they're geographically limited to where you've actually used the mark and harder to enforce. Federal registration is the meaningful protection — a presumption of nationwide rights, the ability to use the ® symbol, the ability to record with U.S. Customs to block infringing imports, and a stronger legal position in any enforcement action.
What trademark registration doesn't do: it doesn't protect a business name in general, only in connection with the specific goods or services covered by the registration. Two businesses can use the same name in unrelated industries (Apple Records and Apple Computers coexisted for decades). It doesn't protect functional features (those are patent territory). It doesn't protect ideas, concepts, or descriptive terms in their descriptive sense. And it doesn't automatically give you the right to use a mark — if someone else has senior rights, registration won't fix that.
The trademark registration process at the USPTO is structured but involves real legal judgment at several points. The clearance search determines whether someone else already has the rights you want. The application drafting requires choosing the right international class for your goods/services and accurately describing them. The Office Action response (most applications get at least one rejection) requires responding to legal arguments from a USPTO examining attorney. And ongoing maintenance — required filings at 5-6 years and 9-10 years after registration, then every 10 years thereafter — keeps the registration alive. Skipping any of these steps creates problems.
Before filing, we search the USPTO database for existing registrations and pending applications that might conflict with the proposed mark. We also search common-law sources (state databases, internet, industry publications) for unregistered uses that could create rights senior to a new registration. The search produces a clearance opinion: clear to register, registrable but with risks, or substantial conflict that suggests changing the mark. Most marks have some level of similar prior use; the question is whether the similarity is close enough to create real risk.
Trademarks are registered in international classes — 45 classes covering all goods and services. The applicant must specify which class(es) cover their use. A software company might need Class 9 (downloadable software) and/or Class 42 (SaaS — software as a service). A consulting firm needs Class 35 or 41 depending on what type of consulting. We draft the description of goods/services accurately — overly broad descriptions get rejected; overly narrow descriptions limit the protection.
The application is filed online with the USPTO, along with the filing fee (currently $250-350 per class for a standard application). The application can be filed based on actual use in commerce (with proof of current use) or intent to use (with the actual use shown later, before registration). Most applications take 9-14 months from filing to registration, assuming no major issues.
Most applications receive at least one Office Action — a rejection or request for clarification from the USPTO examining attorney. Common Office Actions: descriptiveness rejections (the mark describes the goods/services rather than identifying the source), likelihood of confusion rejections (the mark conflicts with a senior mark), specimen rejections (the proof of use submitted doesn't show the mark used in commerce as required), and procedural issues. Office Action responses require legal analysis and substantive argument. Failure to respond within the deadline (typically 6 months) abandons the application.
If the application clears the examining attorney, it's published in the Official Gazette for 30 days. During this window, third parties can oppose the registration. If no opposition is filed (or oppositions are resolved in the applicant's favor), the application proceeds to registration. For use-based applications, registration is the final step. For intent-to-use applications, the applicant must file proof of actual use before registration.
To keep a registration alive, the owner must file maintenance documents at specific intervals: a Section 8 declaration of continued use between 5-6 years after registration, a combined Section 8 and Section 9 (renewal) between 9-10 years, and another combined filing every 10 years thereafter. Missing any of these filings cancels the registration. We handle ongoing maintenance for clients we've registered for, with reminder systems to ensure deadlines aren't missed.
USPTO filing fees: $250-350 per class for a standard application. Office Action responses are charged separately because not all applications receive them.
Our flat fee covers: clearance search, application drafting and filing, basic correspondence with the USPTO, and the registration certificate. Office Action responses are priced separately based on the complexity of the response required (procedural issues are simple; substantive likelihood-of-confusion or descriptiveness rejections require more work). We're transparent about pricing for each stage so there are no surprises.
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If the business name is being used as a source identifier — i.e., customers associate the name with the business's specific goods or services — registration is worth considering. The protection is meaningful: nationwide rights, ability to enforce, and stronger position against competitors who try to use similar names. The cost is modest relative to building a brand around a name. Generic terms (the word for what you're selling) and merely descriptive terms (describing the goods rather than identifying the source) are harder to register. Distinctive names register most easily.
Most applications register 9-14 months after filing. The timeline includes initial USPTO examination (4-6 months), Office Action response (if any) and follow-up, publication for opposition (30 days plus any oppositions), and final registration. Applications with substantive Office Actions or oppositions can take 18-24 months. Applications with procedural issues only typically register on the faster end.
A clearance search examines the USPTO database and other sources for existing registrations or uses that could conflict with the proposed mark. The search reveals whether the mark is likely to register and whether senior users exist who could challenge the registration. Skipping the clearance step risks filing for a mark that won't register (wasting filing fees and time) or that will face opposition from senior users. We do clearance searches as part of every registration project.
An Office Action is a formal communication from the USPTO examining attorney that identifies issues with the application — typically rejections (the mark conflicts with a senior mark, or the mark is descriptive, or other substantive issues) or procedural requirements (the description of goods needs revision, or the specimen of use is inadequate). Office Actions don't end the application; they require a written response within the deadline (typically 6 months). Many applications get at least one Office Action; getting one doesn't mean the application will fail. The response is what matters.
No. You can use a trademark without registration — common-law rights arise from actual use. Registration provides additional protection (nationwide rights, ability to enforce more effectively, presumption of validity in litigation). Some businesses register before launch (intent-to-use applications) to lock in priority; others wait to register until the business is established and the name has been used for some time. Both approaches work.
It protects against others using the same or confusingly similar mark for the same or related goods or services. It doesn't prevent others from using the same name in unrelated industries (think Delta Airlines vs. Delta Faucet). It doesn't prevent fair uses of the mark (using a competitor's name for comparison, for instance). Enforcement is up to the trademark owner — registration provides legal tools for enforcement, but actual enforcement requires monitoring and action when infringements are identified.
USPTO filing fee ($250-350 per class) plus our flat fee for the search, application, and standard correspondence. Office Actions are priced separately because not all applications receive them. Get a free quote in under an hour by submitting the contact form.
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